RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1331, 19 July 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

[Before J. Booth, Esq., R.M.] Tuesday, July 15, 1883. The case of W, L. Rees v. K. Kerr tor libel, which was adjourned on Monday, so as to give his Worship time to consider his decision was again called on on Tuesday morning, Mr Kenny said lie should like to know the decision of the Court on the points he had raised the day previous, liis Worship replied that he had considered them and was satisfied that there was a libel against the plaintiff ; and therefore would commit the defendant fo take his trial at the next sittings of the Supreme Court to be holdeti at Gisborne in December next. Bail was accepted in his own recognisances of JCIOO and two sureties of £5O each. W. L. Rees v. C. H. C. Webb. This was an action brought by the plaintiff against the defendant, whom he (plaintiff) alleged did unlawfully write and publish certain scandalous and libellous articles in a certain newspaper called “ Facts.” Mr McDougall and Mr Kenny appeared for the defendant, and objected to the case being gone on with as the plaintiff was not present His Worship, after unnecessary delay, ordered the summons to be read After this the counsel again asked for the defendant’s discharge on account of the plaintiff’s absence. His Worship granted this application and the case was dismissed. WEDNESDAY. Drunkenness. Wi Tikiranga pleaded guilty to the above charge, and was fined 10s—in default 24 hours’ imprisonment. Abusive Language. •John Bennett, master mariner, was charged]] on the information of H. E. Johnston, with using abusive language calculated to provoke a breach of the peace. Mr Brussoy appeared for the informant, and Mr Finn for the defendant. Mr Finn said he would admit that his client had used the words complained of, but he had received great provocation. Mr H. E. Johnston and Captain Bradley stated that as Air Johnston was talking to Mr Kennedy, the defendant’s partner, about a dog worrying a sheep that was in Kennedy and Bennect’s charge, defendant came up and addressed him in the language mentioned in ths infonnation.

In crosß-examination, Mr H. E. Johnston said he had never tried to injure the defend* ant. They had not been on the boat of terms. He had told Mr E. Cameron that one of his sheep was being worried. He bad never told Mr Tutchen-and Mr Whin* ray that defendant bad embezzled the Cor* poratif ii money. He had never offered Captain Miller £5 to assault the defendant, He had never said he was good enough for defendant. He had never spoken ill of defendant, The witness Bradley stated he did nqt remember ever telling defendant that Johnston had said •‘Don’t speak to that scoundrel Bennett.” The defendant pleaded that he had used the language when in a temper, because Johnston had told untruths about the sheep. Captain Kennedy corroborated the evl* denoe given by defendant, and added that Bradley had told him that Johnston had said to him “Do not speak to that rogue Bennett. ” Captain Miller deposed that the inform ant had offered him £3 to givb Mr Bennett a hiding. Mr Tutchen deposed that informant had told him that Bennett had been in the habit of charging for commercial travellers’ l u Bo a B e awa y> au d pocketing the money. Mr Whinray deposed that Mr Johnston seemed put out about Mr Bennett securing the wharves, and had threatened to trip him up within three months. His Worship said he was sorry such a case should be brought into court. He considered one was as bad as the other. He would inflict a nominal fine of 20s. An information for sureties of the peace was withdrawn.